Life and Health News
June 2022
Welcome to our latest newsletter! As a thought leader in the Insurance Industry for over 50 years we are always excited to share the latest sampling of insurance compliance related bulletins, regulations, and legislative activity. Please feel free to share this newsletter with others that may be interested. Contact Us with any questions on the items in this newsletter or with any other compliance related matter we can assist you with. Enjoy!
ADVERTISING / SALES & MARKETING
Oklahoma passed the Telephone Solicitation Act of 2022 prohibiting certain telephone sales calls without the prior written consent of the called party. Other requirements and prohibitions are included. HB 3168
Utah amended its Telephone and Facsimile Solicitation Law to prohibit a person from making a cellular phone solicitation without prior consent, amends prohibited provisions and makes other changes. HB 217
AFFORDABLE CARE ACT
Arkansas replaced a previously issued bulletin dealing with 2023 plan year requirements for certification of qualified health plans, stand-alone dental plans, and requirements for ACA Compliant, Off-Marketplace Health Plan Submissions. Bulletin 6A-2022
Delaware's Insurance Department gives guidance to insurers, managed care organization and health service corporations that issue individual and small/large group health insurance policies in Delaware regarding the completion of the 2022 Affordability Standards Data Request template under Regulation 1322. Bulletin 129
AGENT / PRODUCER COMPENSATION
Nebraska added sections from the NAIC Unfair Trade Practices Act dealing with modernizing their anti-rebate law. LB 863
AGENT / PRODUCER CONTINUING EDUCATION
South Carolina now allows a producer with at least 25 years of licensure and age 65 or older to be exempt from continuing education requirements. Bulletin 2022-04
AGENT / PRODUCER LICENSING AND APPOINTMENT
Arkansas issued a bulletin to outline the 2022 company appointment renewal requirements for producers. AID Bulletin 08-2022
AUTISM SPECTRUM DISORDERS
Virginia provided guidance to health carriers regarding treatment for autism spectrum disorder, an essential health benefit. Administrative Letter 2022-02
CAPTIVES
Oklahoma amended its Captive Insurance Company Law. SB 1242
CLAIMS / CLAIMS ISSUES
Texas amended its rule dealing with reporting and intercepting of insurance claims for child support enforcement. 1 TAC 55.601
CORPORATE GOVERNANCE
Iowa enacted legislation to allow corporations to use electronic mail and other electronic transmissions to communicate with shareholders unless the shareholder previously notified the corporation it objects to receiving electronic communications. HF 2469
CREDIT FOR REINSURANCE
Connecticut now allows domestic insurers to receive credit for reinsurance ceded to insurers in a reciprocal jurisdiction. RCSA 38a-88-1 through 12
DISASTER / CATASTROPHIC EVENT
Colorado passed an emergency regulation that: (1) requires carriers to provide access to COVID-19 vaccines without cost-sharing during the state's COVID-19 recovery, and (2) sets COVID-19 vaccine administration reimbursement requirements. Emergency Regulation 22-E-12
ELECTRONIC TRANSACTIONS
Iowa passed a law that allows a group health plan sponsor or policyholder to consent to notices and documents delivered electronically. For the consent to be effective, the sponsor or policyholder must follow a specific set of requirements for each covered employee. HF 2330
FILING REQUIREMENTS / PROCEDURES
South Carolina has withdrawn from the Interstate Insurance Product Regulation Compact. Guidance is given on current filings pending with the Compact. Bulletin 2022-03
FINANCIAL REGULATION
Idaho issued a bulletin concerning the use of the Revised Accounting Practices and Procedures Manual and Valuation Manual of the NAIC. Bulletin 22-05
HEALTH INSURANCE - COMPREHENSIVE
Arizona added a provision requiring health care insurers to provide coverage for biomarker testing. HB 2144
Colorado provides guidance to carriers that all health benefit plans subject to 10-16-154 CRS are required to include cost-sharing for nonpharmacological treatment, in a situation where an opioid might be prescribed. It cannot exceed the cost sharing amount applicable to a primary care visit for non-preventive services for at least 6 physical therapy visits, 6 occupational visits, 6 chiropractic visits and 6 acupuncture visits per year. Bulletin B-4.124
Maine amended Standards for Independent Dispute Resolution of Emergency Medical Service Bills. Chapter 365
Maine amended the current law for coverage of prosthetic devices to clarify that coverage must be provided by health insurance carriers for the prosthetic device determined by the insured's provider to adequately meet the recreational and medical needs of an insured. HP 741
HOLDING COMPANIES
New Hampshire updated its Holding Company law to incorporate receiverships and group capital calculation for credit for reinsurance. HB 1558
PRE-NEED CONTRACTS
Tennessee authorized licensed funeral directors to sell pre-need funeral contracts and prearrangement insurance policies without registering with the insurance commissioner. HB 2103/SB 2570
STRUCTURED SETTLEMENTS
Minnesota made several amendments to its structured settlement law. HF 3768/SF 3636
UTILIZATION REVIEW - HEALTH CARE
Idaho adds a rule to set forth uniform requirements to be followed by health carriers and independent review organizations in implementing external review procedures. Rule 18.04.01
Iowa passed a law relating to reimbursement for health care services provided after receipt of a prior authorization. This law prohibits a utilization review organization from revoking or imposing a limitation on a prior authorization after the date the health care provider provides the service. HF 2399